Employers are required to keep all information obtained from disability-related inquiries, medical examinations and voluntary disclosures as separate, confidential records. EEOC Post-Employment Guidance at pages 4, 18; 5 M.R.S.A. § 4572 (C) (2); MHRC Regulations section 3.08 (E) (4). Employers are prohibited from disclosing information when asked by other employees about a coworker with a disability, and employers may not disclose that it is providing a reasonable accommodation for an employee with a disability. EEOC Post-Employment Guidance at page 18.

The exceptions to confidentiality requirements are as follows:

• supervisors and managers may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations;
• first aid and safety personnel may be told if the disability might require emergency treatment;
• government officials investigating compliance with the ADA must be given relevant information on request.³

Id. at 18; 42 U.S.C. § 12112(d)(3)(B); (4)(C) (1994); 29 C.F.R. § 1630.14(b)(1) (1996);

5 M.R.S.A. § 4572 (C) (2); MHRC Regulations section 3.08 (E) (4) (a) and (b).

Medical information must be kept in files separate from employees' personnel files. EEOC Post-Employment Guidance at pages 4, 18; 5 M.R.S.A. § 4572 (C) (2); MHRC Regulations section 3.08 (E) (4). Maine employers, employment agencies, and labor organizations are required to preserve employee personnel files for at least one year from the date of the last record or personnel action involved, which ever occurs later. MHRC Regulations section 3.03 (A).

If an employee is terminated and requests a written reason for the termination, an employer is required to provide such an explanation within 15 days of receipt of the request. 26 M.R.S.A. 630. Failure to satisfy this request in a timely manner may subject an employer to fines imposed by the State or to a civil lawsuit, including attorneys' fees. Id.

Employees are also entitled to a copy of their personnel file. 26 M.R.S.A. 631. A personnel file includes, but is not limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits and nonprivileged medical records or nurses' station notes relating to the employee which the employer has in the employer's possession. Id. Failure to make a personnel file available within ten days also may subject the employer to fines through the Bureau of Labor and through a civil lawsuit. Id.

Note: These materials are not intended as legal advice and should not be relied upon as such.